A recent EEOC case against Hooters just dropped some serious knowledge (and a $250K settlement) about what NOT to do during layoffs and recalls.
Let me break this down for my HR and business leader friends…
The tea: A Greensboro location allegedly showed its true colors (pun intended) during layoffs by primarily recalling white employees and those with lighter skin tones. Big yikes!
Here’s your “Don’t Wing It” checklist for layoffs and recalls:
Document, document, document! Create objective criteria for layoffs AND recalls BEFORE you need them. Think performance metrics, seniority, essential skills – things you can measure without bias.
Pressure test your criteria and selections. Is there a clear connection between the criteria and the decisions that are made? Are your leaders using shortcuts that can be a cover for biases?
Audit your decisions: Before finalizing any layoff or recall list, run the numbers. Does your selection disproportionately impact any protected class? If so, time to reassess!
Train your managers: “I just have a feeling about this employee” isn’t gonna fly with the EEOC. All decisions need to be based on documented, objective factors.
Remember folks, discrimination claims are like hot sauce – they can leave a burning sensation in your wallet! This settlement includes mandatory training, compliance reporting, AND a public Instagram post (talk about spicy PR!).
